---
kind: "section"
citation: "2 C.F.R. § 1130.415"
title: "2"
number: "1130.415"
heading: "Use of equipment by an institution of higher education, nonprofit organization, local government, or Indian tribe."
url: "https://uscodex.org/cfr/2/1130.415"
---

# §1130.415. Use of equipment by an institution of higher education, nonprofit organization, local government, or Indian tribe.

- (a) **OMB guidance.** OMB guidance in:
  - (1) [2 CFR 200.313(a)](/cfr/2/200.313.md?p=a) sets forth basic conditions for use of equipment acquired under a grant or cooperative agreement that apply when title to the equipment is vested in a recipient conditionally, because the awarding agency either does not have statutory authority to vest title in the equipment unconditionally or elects not to do so.
  - (2) [2 CFR 200.313(c)](/cfr/2/200.313.md?p=c) provides the parameters for use of equipment by an institution of higher education, nonprofit organization, local government, or Indian tribe.
  - (3) [2 CFR 200.313(d)(5)](/cfr/2/200.313.md?p=d-5) calls for use of sales procedures to ensure highest possible return when selling equipment.
- (b) **DoD implementation.** For equipment in which there is a Federal interest under awards to institutions of higher education, nonprofit organizations, local governments, or Indian tribes, DoD implements through award terms and conditions the following portions of [2 CFR part 200](/cfr/2/part200.md) as they apply to use of equipment prior to the time of its disposition:
  - (1) 2 CFR [200.313(a)](/cfr/2/200.313.md?p=a) and [(c)](/cfr/2/200.313.md?p=c); and
  - (2) [2 CFR 200.313(d)(5)](/cfr/2/200.313.md?p=d-5), as it applies to equipment sales prior to the time of disposition, to offset the acquisition cost of replacement equipment.
- (c) **Award terms and conditions.** A DoD Component's general terms and conditions must use the wording appendix D to this part provides for Section C of PROP Article IV to specify the requirements for use of equipment described in [paragraph (b)](#b) of this section.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.